City of College Park Hybrid Meeting – December 13, 2022

Comments are by Councilmembers Llatetra Brown Esters and Susan Whitney and are not approved or sanctioned by the City of College Park.

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Prior to the roll call Mayor Wojahn recognized former Mayor Anna Owens, the first and only woman elected Mayor of College Park, who served from 1987-1993.

ANNOUNCEMENTS/COMMENTS – MAYOR, COUNCIL, STUDENT LIAISON

Councilmember Kabir reminded residents about the community survey being done by the city and encourage then to provide their feedback.  He also mentioned the voters survey being conducted by the city about elections. He informed residents they should expect postcards regarding the surveys

Councilmember Kennedy mentioned the No-contact cookie exchange that will now be a contact cookie exchange and held during the last weekend in January.  

Councilmember Esters thanked staff for work on the Winter Wonderland event and wished everyone happy holidays. The Mayor echoed the sentiment regarding the event and wished everyone happy holidays.  

Councilmember Whitney mentioned the City’s curbside food waste program and learning from a recent Committee for a Better environment meeting that to date the program has helped to divert approximately 3.32 tons of food waste from the landfill. She also told residents about the upcoming Berwyn District Civic Association (BDCA) holiday lighting event on Perry Plaza scheduled for Thursday, December 15 at 6pm.  Due to inclement weather, the event was cancelled.

Councilmember Adams thanked the Prince George’s County Municipal Association (PGCMA) for their recent dinner and recognized Mayor Wojahn for his leadership.

Councilmember Mackie said the Greater Riverdale Route One Communities Care (ROCC) art sale is still going on until January 4th.  She provided a link and informed residents if the link did not work to email her directly.   

Councilmember Mitchell wished residents happy holidays and thanked Mayor Wojahn for recognizing former Mayor Owens. She asked if the City would post the interview that was done with her last year.  She announced her work to start an initiative called Cooking with College Park. She will be looking for recipes from members of the community.  More to come.

Ms. Graham, SGA liaison, said she enjoyed the Winter Wonderland event and congratulated the Lady Terps for their win. 

Mr. Andriessens, SGA liaison, mentioned the success of the Winter Wonderland event and expressed his appreciation for the invitation to PGCMA meeting and acknowledges UMD student taking finals in the coming week.  

CITY MANAGER’S REPORT

City Manager Kenny Young recognized College Park’s Hair + Space Blowdry and Beauty Bar as the only Prince George’s County recipient of a state small business grant for businesses in designated opportunity zones. College Park Economic Development Manager Michael Williams assisted with the grant application. 

Councilmember Mitchell informed those attending the meeting that Councilmember Maria Mackie who will serve as the chair for the Chesapeake Bay & Water Resources Policy Committee for Metropolitan Washington Council of Governments (COG). She informed the city manager about commercial trucks coming into the College Park Woods community traveling to Limestone street and going through to Pepco utility lines. The city manager said he would work with Public Services and the Police to understand what is going on and address any issues.  

ACKNOWLEDGMENTS

Mayor Wojahn acknowledged former County Councilmember (District 3), Danielle Glaros who is now the Assistant Vice President/Chief of Staff for Administration working with Carlos Colella and taking the place of Anne Martens who will retire soon. 

AMENDMENTS TO AND APPROVAL OF THE AGENDA

Councilmember Adams requested a letter be sent from the Council to the Washington Metropolitan Area Transit Authority (WMATA) about proposed changes to metro that will result in reduced service and higher cost to our area. Councilmember Mitchell asked that the letter be shared with the Maryland Municipal League (MML). Council voted to add a letter of support to the Consent Agenda.

Councilmember Whitney asked that Council send a letter in support of the “Standing to Request Review of Zoning and Land Use” bill being put forward by Delegates Mary Lehman and Joseline Peña Melnyk. She explained that in 2015, the Fairness in Zoning Act (Ch. 365) stripped the legal rights of most Prince George’s County residents to take developers to court regarding zoning issues. The law removed the phrase “taxpayer” and replaced it with “aggrieved,” which means only residents in sight of a property have the right to take developers to court. The goal of the bill is to restore those rights to Prince George’s taxpayers. Council voted to add a letter of support to the Consent Agenda. 

PUBLIC HEARINGS:

Public Hearing on the petition request for traffic calming in the 5000 block of Branchville Road, between 51st Avenue and Locust Spring Road.

City Engineer Steve Halpern said a traffic study had been conducted, and his report would be followed by resident testimony.  He said the study was conducted on Friday, September 23 and Saturday, September 24, which represented the days with the greatest traffic. Staff believes that traffic calming may divert traffic to Apache Street and 50th Place, so recommends speed humps be installed there, as well.  

Mr. Donald Brown, College Park Resident, asked for stop signs on the road in addition to the traffic calming.  He said at 50th Place and Branchville, there is a family with 3 children who play in the yard.  There is another family at 51st Ave. and Branchville Road with children who play in the yard.  He said anything that can be done would be appreciated. 

Mary King, College Park resident, recalled a while back in Old Town signs that measure and show speed were placed in the neighborhood and thought similar signs on Branchville Road could help.  She said that the number of cars on the road is stunning.  The signs may be a way to help to make people aware of their driving and change their behavior

Brian Hain, College Park resident who lives on Branchville Road agrees something should be done but does not believe speed humps will help.  He asked for sidewalks along Branchville Road and asked for the trees at 51st and Branchville be removed to increase visibility and safety.

Public Hearing on Ordinance 22-O-11, an Ordinance of the Mayor and Council of the City of College Park to amend Chapter 69, Purchasing Procedures, to increase the dollar limit of expenditures (contracts) that require a full bid process and that the City Manager is authorized to award instead of the Mayor and Council from $30,000 to $150,000 and to include a reporting requirement.

Mary King, College Park resident, said she was opposed to the ordinance which increases the dollar amount of contracts approved by City Manager.  She said it should be done in the open and approved by Council. 

Mary Cook, College Park resident, agreed with Ms. King. She said Council needs to consider a full bid process that will also include small businesses.  She said she could understand if the amount was raised to $50,000 rather than $150,000.

Mr. Biffle, not a College Park resident but a College Park taxpayer, asked that the City not approve the updated ordinance. He said transparency is part of good government, which College Park has stood for a while. 

Ms. Mamontova, College Park resident, approved this ordinance designed to remove the bureaucracy of city business.

Public Hearing on Ordinance 22-O-12, an Ordinance of the Mayor and Council of the City of College Park, to amend City Code §§38-4, ”Definitions”, 38-11, “Conflicts of Interest”, and 38-15, “Required disclosure by City elected officials and candidates to be City elected officials”, to conform to the changes required by the General Assembly.

Ms. Ferguson, City Attorney, introduced this matter by saying that the proposed changes to the ethics code are required by State law.  She added that our code must resemble Sate Code. 

Councilmember Mitchell asked what would happen if we did not update the code.  Ms. Ferguson reiterated that an updated of the code is a requirement by State law.  She said the Ethics Commission is required to report compliance, and if the City does not update the ethics code, the City would not be in compliance and the Ethics Commission would not be able to draft a favorable report. 

Public Hearing on Ordinance 22-O-06, an Ordinance Of The Mayor And Council Of The City Of City Of College Park Granting A Renewal Of The Cable Franchise To Comcast Of Maryland, LLC And Authorizing A Franchise Agreement.

Ms. Ferguson introduced this matter and said the franchise agreement ended in 2016 and that the parties have been negotiating this agreement for 10 years.  All provisions will be the same for all the municipalities involved. Some of the bonding and insurance are reduced to match the needs of the City.  She anticipates there will be some changes to ensure the information is updated for all of the municipalities.  

Councilmember Kabir asked for Ms. Ferguson to explain why we need this type of agreement.  She responded by saying the agreement covers cable television agreement.  It puts together a network for the county and for the cities that they rely upon heavily.  Without such an agreement, Comcast is not required to take any steps to ensure particular service.  The agreement requires customer services, and brick and motor offices in the county.

Mr. Thom, Resident of College Park, asked if there is inclusion of uptime requirements and modem rental rates in this agreement. Ms. Ferguson said once Verizon came into the market, the city lost regulation of various services.  Our contract rights are controlled by Federal law, therefore the City cannot regulate the cost and delivery of services to residents.  

CONSENT AGENDA

22-R-12 Adopting a Resolution of the Mayor and Council of the City of College Park adopting the recommendation of the Advisory Planning Commission regarding Variance Application Number CPV-2022-04, 9703 52nd Avenue, College Park, Maryland, recommending approval of two variances: 11.5% lot coverage and 2.8-foot front yard setback variances from Section 27-4202 (E)Table II of the Prince George’s County Zoning Code, to replace an entryway and rear porch.

22-G-166 To approve the award of the FY2023 Fire Department Capital Equipment Grants in the amount of $25,000 each to Berwyn Heights Volunteer Fire Department & Rescue Squad, Branchville Volunteer Fire Company, and College Park Volunteer Fire Department.

22-G-167 To approve the award of an ARPA funded grant in the amount of $50,000 each to Berwyn Heights Volunteer Fire Department & Rescue Squad, Branchville Volunteer Company, and College Park Volunteer Fire Department.

22-R-13 Resolution of the Mayor and Council of the City of College Park designating the month of April in any year as “No Mow Month” to encourage residents to voluntarily delay lawn care and mowing to support Pollinator-Friendly Habitat during a critical period of Pollinator Emergence.

22-G-168 To authorize a revised 2nd amendment to the contract with Hitachi Vantara in the amount of $254,585 to install 15 utility poles and cameras along the Trolley Trail and at 2 additional locations, and to add the new cameras to the maintenance contract after the warranty period expires; to authorize the City Manager to sign the revised contract amendment in substantially the form attached; and to encumber $41,341 for Pepco’s cost of running power to the poles designated for installation. (Contract from Suellen)

22-G-169 Approval of minutes from the November 8, November 15, and December 6, 2022, Council meetings.

22-R-14 A Resolution of the Mayor and Council accepting the final report of the Redistricting Commission, discharging the Commission, and thanking them for their service.

22-G-172 Approval of Council meeting schedule for January 2023.

Motion to accept Consent agenda passed unanimously.  

ACTION ITEMS

22-G-170 Council Action on the petition request for traffic calming in the 5000 block of Branchville Road, between 51st Avenue and Locust Spring Road – Steve Halpern,  City Engineer

Mayor Wojahn asked if sidewalks have been considered for the roadway. Mr. Halpern said they have. Councilmember Kabir asked about the installation of the sign that shares the speeding.  Mr. Halpern indicated that one traffic meets a certain threshold those signs can be placed along the roadway.  

Councilmember Esters expressed her understanding of the challenges on Branchville Road and said the speed humps are a good start to easing concerns. She also said she heard the other suggestions made by residents to address concerns and would like to make sure they are considered.    

Councilmember Kabir said a speed board be placed on the road immediately, and Mr. Halpern said one speed board is currently on St. Andrews and another is slated to be installed on Radcliffe. He said they start with a spped study, and if over 10% of the vehicles were speeding, the location is a candidate for a sign. Councilmember Whitney asked if it were possible, then, for a sign to be installed now on Branchville since the rate of speeding was 16%. Mr. Halpern said it takes 6 months to buy a sign and 3 months to install a speed hump, so the speed hump will be what residents see first.

22-O-11 Council Action on Ordinance 22-O-11, an Ordinance of the Mayor and Council of the City of College Park to amend Chapter 69, Purchasing Procedures, to increase the dollar limit of expenditures (contracts) that require a full bid process and that the City Manager is authorized to award instead of the Mayor and Council from $30,000 to $150,000 and to include a reporting requirement – Suellen Ferguson, City Attorney

Councilmember Kennedy said she would vote for the ordinance because it was about improving efficiencies.

Councilmember Kabir agreed with the residents that the ordinance would reduce resident engagement. He said we should base our consideration on what similar jurisdictions are doing. He shared information from some local areas. He made a motion to move the limit to $75,000.   Councilmember Adams seconded the motion. 

Ms. King, College Park resident, indicated that the information provided by Mr. Kabir makes the argument for not making any changes.  

Councilmember Mitchell thanked Councilmember Kabir for the information he provided and his motion.  She asked for more clarity from the City Attorney about what will happen to the process if the ordinance passes.  Ms. Ferguson said nothing would change, it would just give the City Manager more flexibility. The current process allows the City Manager to approve anything under 30,000. The full bid process requires that purchases over $30 thousand go out over eMD marketplace for anybody to bid, and the department identifies the best bid. It is then brought to the Council, often via the consent agenda. Things may be discussed if Council members need to do so.  The lack of requiring a full-bid process does not mean that City Manager will not go out for bids or that he will not report to Council on purchases.   

Councilmember Adams asked that the city continue to consider inclusive practices to ensure diversity in the process.  

Councilmember Whitney said that she was in favor of increasing the amounts to $75 thousand but thought that increasing the amount by five-fold was too much and was out of step with other municipalities’ practices. Councilmember Mackie said she preferred  thousand to $150 thousand, saying it makes sense to do so since the price for everything has increased. She said doing so would maintain transparency but give the City Manager discretion to move forward on more items.

Mayor Wojahn asked about how many fewer contracts we should expect to come before Council were these changes implemented.  Mr. Young said that it was difficult give a specific number but said there are workload implications for both staff and the City Attorney. Ms. Ferguson clarified that any services would require a contract or her review, so the changes would not impact her workload much.   

Councilmember Adams said he believed a sole source justification should be required for purchases of over $30 thousand made without a bid process, saying doing so would provide information to determine what has occurred by increasing the approval amount. He reiterated his desire to ensure diversity, equity and inclusion for minority and small businesses.  

Ms. King, College Park resident, said she applauded Councilmember Adams for what he was doing.  She said she thinks it is important that purchases go to the Council for review.

Councilmember Whitney requested that Councilmember Adams’ amendment be changed to require Council to be notified of any purchase that was made for over $30 thousand, regardless of whether or not the purchase had gone out for a bid. She asked the City Manager if an exemption should be made for emergency situations, and Mr. Young said that would be helpful.

Given the back and forth on the topic, Mayor Wojahn expressed interest in postponing the ordinance to allow for further discussion during a work session.

22-O-12 Council Action on Ordinance 22-O-12, an Ordinance of the Mayor and Council of the City of College Park, to amend City Code §§38-4, ”Definitions”, 38-11, “Conflicts of Interest”, and 38-15, “Required disclosure by City elected officials and candidates to be City elected officials”, to conform to the changes required by the General Assembly – Suellen Ferguson, City Attorney

The motion was made by Councilmember Mackie, who said this was something we needed to do, and seconded by Councilmember Esters. It passed unanimously.  

22-O-06 Council Action on Ordinance 22-O-06, an Ordinance of the Mayor And Council Of The City Of City Of College Park Granting A Renewal Of The Cable Franchise To Comcast Of Maryland, LLC And Authorizing A Franchise Agreement – Suellen Ferguson, City Attorney

Councilmember Esters motioned to approve the ordinance, saying the contract has been a long time coming and something should be done.  She added that we now need to consider what we do moving forward. The ordinance passed unanimously.

22-G-173 Approval of a letter to the EPA in support of the EPA’s public findings on the dangers of leaded aviation fuel.

The Mayor asked Councilmember Adams to make the motion. Councilmember Adams did so, saying it is important to consider safety for our community. Councilmember Whitney, who brought the letter to Council, seconded the motion. Mayor Wojahn clarified that the letter is different from the letter included in the meeting packet.

Tobias Thom, College Park resident, thanked Mayor and Council for bringing the letter forward.  He said the Center for Disease Control (CDC) says there is no safe level of lead. He expressed strong support for Council to further investigate this issue, saying aircraft take off over Paint Branch Elementary, The College Park Community Center, and Calvert Hills Playground.  

WORKSESSION

Review of Detailed Site Plan DSP-22015 for the Flats at College Park, RST development (9113 Baltimore Avenue) – Terry Schum, Director of Planning (Planning Board date is January 19

Ms. Schum introduced the item and said Council previously reviewed the Preliminary Site Plan and what was not before the Council was the Detailed Site Plan.  On January 10, the application will come back to us for vote.  The applicant is substantially, but not totally, in agreement with staff recommendations. Mr. Copeland was present with his attorney, Mr. Haller. 

Ms. Bader, Senior Planner, reviewed the site plan.  She said the development is a single building with a six-story parking garage providing 360 parking spaces, which is more than required and necessitates a variance.  Amenities will include a pool, gym, and dog park available to residents only.  

The developer is offering Meals on Wheels a space free of charge and are currently in negotiation.  If that does not work out, the use of that commercial space would return to Council.

Councilmember Kabir asked about the Route One Sector plan and the interpretation of how building height is measured. He asked about the commercial space requirements in the sector plan. Councilmember Kabir also asked about the traffic study and if staff feel that study was sufficient.  

Councilmember Mitchell ask that the Route One Sector be made accessible to the residents.

Ms. Bader said that public utility easement will be provided around the property where the development can underground utilities.

Mayor Wojahn asked about the reasoning for additional parking.

Mr. Haller expressed excitement to be here in front of Council to 317 affordable units to the city. A He said the total space dedicated to commercial would be 4 thousand feet as compared to 480 square feet for Monument Village across Route One. He said Park and Planning refused to approve the right in and right out on Baltimore because they did not want to encourage a left turn onto Route One. The sector plan measures in stories not feet.  He added there was a study done on the adequacy of traffic and it met adequacy.  

Mr. Haller said there were several staff recommendations regarding the architecture of the building.  He asked Mr. Copeland to speak about concerns related to the removal of units for the use of mandatory store front. 

Mr. Copeland said converting four residential units to retail would cause a hardship for the building as they seek funding for this expensive parcel. He added that the particular units in questions are not attractive for retail given their size, shape and ceiling heights. He would not want to walk away from the development over this.   

Councilmember Esters expressed concern for the parking garage located on Cherokee street.  She noted that ingress and egress for the garage are on Cherokee, and there is right-only exit on Baltimore Ave.  She asked if they had considered moving the entrance and exit and suggested an area behind the building adjacent to the garage. Mr. Copeland indicated they did not own the land and even if such an adjustment were made, cars would still wind up on Cherokee.  Councilmember Esters said she believed moving the entrance back would help alleviate a bottleneck on Cherokee. Mr. Copeland said the project would widen Cherokee Street and add a right turn lane which should assist. Councilmember Ester acknowledged those adjustments but reiterated her concerns that Cherokee Street will be taking the brunt of traffic for the development.  

Councilmember Whitney confirmed that the developer would come back to Council if the deal with Meals on Wheels falls through and pointed out resident complaints that many new developments feature only inward-facing amenities, rather than commercial spaces that benefit the community as a whole.

Councilmember Kennedy expressed her excitement and asked about the development and confirmed that the Area Median Income (AMI) of the building is 60%. She expressed appreciation for the additional spaces to help eliminate street parking by residents and guests. She also shared positive thoughts about the partnership with Meals on Wheels and said the retail piece is not as important. She asked for some renderings to share with the community that would illustrate where shadows from the building would fall at various times of the day. 

Councilmember Kabir expressed his appreciation for the space for Meals on Wheels. He informed the developer about concerns from long-time residents who will lose their view and asked the developer to use all means necessary to address resident concerns. He asked Mr. Copeland to consider more retail space. 

Councilmember Adams reiterated the concern with not having access to, as well as exit from, the parking garage onto Baltimore Avenue. He said he understood the concern from Parks and Planning but felt there could be more creative ways to address those concerns without limiting the entrance and exit to the building.   

Councilmember Mitchell asked whether there can be reconsideration of that limitation. The developer said they preferred the right-in and right-out on Baltimore. Councilmember Mitchell said it is a new day in the County, and we should explore the request. Ms. Schum said the project is three blocks long. She said the sector plan sets standards, not requirements. The idea was to make this area more walkable, and the developer’s request for right-in and right-out on Baltimore would not unreasonably impede that.  

Mayor Wojahn asked for continued exploration.  He does not want to do anything that would stall the project. Based upon the discussion, he understood the staff recommendation for more retail frontage will be helpful, a request for a shadow study and a reconsideration of the right-out only on Baltimore Ave.  

GENERAL COMMENTS FROM THE AUDIENCE

Carol Macknis, College Park resident, expressed frustration with technical problems during the  Zoom meeting and the system. She said since we have been doing this for so long, these things should not be happening. She asked for Mr. Gardiner to deal with this issue, saying this is a disservice to the residents who use Zoom to attend the meetings. She does not stream. She said the discussion on the development was good, but she could not see anything. She recommends fixing the problem be made a priority. 

Councilmember Mitchell informed Council that Monday, December 12 was the first meeting of the new County council. She said many of the bills introduced dealt with zoning. She asked if staff can find out how the changes may impact the city. Mayor Wojahn said we should soon hear from our lobbyists about issues that come before the County and the State.  

MEETING ADJOURNED

Click here to see the Hybrid Meeting agenda for December 13.

Click here to view the Mayor and Council Hybrid Meeting held on December 13.

Click here to access the Mayor and Council Hybrid Meeting scheduled for January 10, when it is made available.